Rule 16
Sale Or Distribution Of The Land Of The Tenant Right Excess Than The Upper Limit
(1) Out of the land having tenant right and that has
been received on acquisition by making an eviction to the person who
has been punished pursuant to Sub-section (1) of Section 11 of the Act,
the land that falls on the portion (part) of the tenant after separating and
dividing it pursuant to the provision of the Act and the land of the tenant
right acquired as pursuant to Rule 14, shall be sold or distributed by the
land reform officer under the provision of Section 21 of the Act.
(2) If the government of Nepal has made a decision to provide the
compensation in relation to the land which has been sold after being
acquiring pursuant to Sub-rule (1), to the previous tenant pursuant to
Rule 15, then the person receiving the land which has been acquired
pursuant to Rule 14 in sale or distribution made pursuant to Sub-rule (1)
shall submit the amount determined as pursuant to Rule 15 at once (full
installment) or in five annual installments, in cash, before the land
revenue officer or in the place specified by him/her for that purpose. For
the person paying on installments, the interest of the paying period also
shall be recovered by charging it at the rate of annual ten percent.
(3) The installment amount pursuant to Sub-rule (2) shall be paid
within the end of Magh (Magh Masant) of every year.
Provided,
If anyone desires to pay all the amount that has to be paid in one
or more than one installments or any portion of that at any time prior to
the date fixed to pay of that installment, may submit as such.
37 Amended by Fourth Amendment.
38 Amended by Fourth Amendment.
15
(4) District land reform officer shall collect or make to collect the
amount that has to be recovered pursuant to this Rule, by opening a
separate account in a bank.
(5) If anyone has not paid the amount of any installments that has
supposed to be paid within the date, he/she shall be expelled (as a
tenant) from the concerned land by the order of district land reform
officer and such land shall be sold or distributed to any other person
pursuant to these Rules.
(6) The land reform officer shall provide a certificate in the format
as prescribed in Schedule – 5 to the person who receives a land in sale or
distribution pursuant to Sub-rule (1).
(7) The registration book of the land which has been sold or
distributed pursuant to this Rule shall be kept in the format as prescribed
in Schedule-18 and it’s copy (duplicate) shall be send to the land revenue
office to register and repeal (dakhel kharej) in the name of the person
receiving in sale or distribution.